TERMS AND CONDITIONS

General provisions

The Terms and Conditions listed below govern the access and use of our website (hereinafter called “the Website”) and mobile phone application (“the Application”) that enable you to transfer money (“the Service”).
The English language version of these Terms and Conditions is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with present Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.
In the present Terms and Conditions the terms “we”, “us”, “our” refer to Chura Ltd. and “you”, “your” refer to any person who accesses and/or uses the Service.
It is important that you understand that access and use of the Service is conditional on your acceptance of present Terms and Conditions.

Definitions

In the present Terms and Conditions the below terms shall have the following meaning(s):

“Compliance Officer” means one or more members of staff at Chura Ltd who is responsible for compliance with digital payment interoperability Regulations, anti-money laundering legislation and other applicable laws;

“Fees” means the charges and fees we charge to you for the Service, as applicable, in accordance with the price list published on the Website and/or the Application, or the prices or rates that we communicate to you before we issue a Confirmation, or as provided in these Terms and Conditions;

“Force Majeure Event” means any of the circumstances referred to in clause 9.7;

“FX Spread” is where you pay for a transaction in one currency and it is paid out in another currency, we apply an FX spread. The FX spread is the difference between the exchange rate we buy the currency in and the exchange rate we are able to provide to you and we communicated it in the order confirmation and it covers our costs plus a small margin.

“digital payment interoperability” means the applicable laws of Kenya. From the digital system the payments are transferred from to where funds are intended to be received which relate to electronic digital payment interoperability services including, without limitation, the Financial Services and Markets regulations, and the Payment Services Regulations;

“Prohibited purpose” means any unlawful purpose including, without limitation, the transfer or receipt of payment for illegal activities, the transfer of funds which constitute proceeds of crime or money laundering under the Proceeds of Crime Act or which are obtained by illegal activity, the transfer of funds for the purpose of funding illegal activity, the transfer of funds for the purpose of avoiding the seizure of such funds by law enforcement authorities or under orders of any court of law, and any transfer of funds without the permission of their owner;

“Recipient” means the person who receives the money through the Service it can be “you” or any other person,

“Reference number” means the unique transaction number, which will be issued to you as and which the recipient will be provided it can be Mobile money transaction ID or Id generated by Chura ltd

“Sender” means the person who initiates the carrying out of a digital payment interoperability through the Service,

“Transaction” means every digital payment interoperability transfer that you initiate using the Service and/or every other use that you make of the Service,

“Website” means the website www.chura.co.ke operated by Chura to provide airtime and digital payment interoperability services and the related information.

Information about us and how to get in touch with us

Chura Ltd. operates a website (the Website) that enable you to transfer money or airtime using a device connected to the Internet and/or a mobile phone.
Chura Ltd. is a company incorporated and licensed under the laws Kenya, engaged in the business of interoperability of payments with its Office located at C4DLab, Chiromo, University of Nairobi.
Chura Ltd. is regulated by the National payments acts for the interoperability of electronic payments.
We can be contacted via the following means:

Telephone: +254 704 981 897

Post using the address: Chura, C4DLab, Chiromo Campus, University of Nairobi

Email using the email address: info@chura.co.ke

Website: www.chura.co.ke

Confidentiality/ privacy

As a fully regulated institution and with a purpose of providing the Service we are bound by the legal requirements to obtain, verify and record information about our customers where necessary. Therefore we may request from you or consult any legal sources to obtain your personal data when offering the Service to you.
Your personal information will be treated and processed securely and strictly in accordance with applicable laws and regulations.
We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
We may disclose customer information if we are required to do so by law, by court order, by any statutory, legal or regulatory requirement, by the police or any other competent authorities in connection with the prevention or detection of crime or to help combat fraud, money laundering and terrorism financing. We may also report suspicious activity to appropriate competent law enforcement or government authorities.
For more details and information regarding the confidentiality, privacy and security please refer to our Privacy Policy that can be found at https://chura.co.ke/privacypolicy.

Eligibility and your access rights

By using the Service you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts.
Without prejudice to your rights in relation to any order for Services in relation to which we issued a Confirmation (in accordance with clause 7 below), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if:

You use the Service or attempt to use it for any Prohibited Purpose;

You attempt to transfer or charge funds from an account that does not belong to you;

We receive conflicting claims regarding ownership of or the right to withdraw funds from a paypal account,mobile money account,debit or credit card account;

You have provided us with false evidence of your identity or you keep failing in providing us with true, accurate, current and complete evidence of your identity or details regarding transactions;

You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;

You are in breach of these Terms and Conditions;

We have reason to believe that any of the foregoing has occurred or is likely to occur; or

A Compliance Officer has taken a discretionary decision to do so.

Information we provide before the transaction is complete

Before your transaction is complete you will be provided with the following information:

The payout amount that you or the beneficiary will receive,

The maximum total Fee that you will be charged,

An indication of the exchange rate that we will apply to your transaction,

Phone number of the Recipient getting the money,

How the contract is formed between you and us

After you place a digital payment interoperability transfer order via the Website or the Application an e-mail will be sent to you acknowledging that your request is being processed. Please note that this does not mean that your order is accepted.
A transaction order constitutes solely an offer to buy our services, which is subject to our discretionary acceptance. Such acceptance will be communicated to you via e-mail or SMS confirming that we are processing your request (hereinafter called “the Confirmation”). The contract between you and us (hereinafter called “the Contract”) will only be formed when the Confirmation has been sent.
The Contract relates solely to the services that have been confirmed accepted in the Confirmation.
We reserve the right to refuse to perform any of the Services (including after Confirmation) if:

We are unable to obtain satisfactory evidence of your identity;

You provide us with false, incorrect or incomplete information;

We are unable to reach you via contact details provided by you;

Your transfer order, information or documentation is not provided sufficiently in advance to allow us to process it in accordance to your request;

You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;

You are in breach of these Terms and Conditions;

You or the order you placed are in breach of any applicable laws or regulations or are made for a Prohibited Purpose;

Processing the Service in accordance with your order may expose us to liability;

We are unable to process your transfer due to variations in business hours, currency exchange or currency availability issues or due to any Force Majeure Event;

We have reason to believe that any of the foregoing has occurred or is likely to occur; or

A Compliance Officer has taken a discretionary decision to do so.

We shall not be liable for any damages, costs or losses incurred by the Sender or the Recipient or any third party if, as a result of any of the circumstances referred to in clause 5.2 or 7.4, we fail to complete the transfer of funds in accordance with an order.

Information provided after we process a transaction

After we process your transaction to the Recipient, an e-mail will be sent to you with the following information:

A transaction reference number,

A confirmation of the exact amount we are sending to the Recipient on your behalf in both pay in and pay out currencies,

A confirmation of the Fee that has been charged,

An exchange rate applied to your transaction,

Email address and Name of the account holder(can be paypal, credit/debit card ),

A confirmation of the phone number to which the money has been sent ,

Time of the transaction.

Limitations on our liability

If a digital payment interoperability transfer you ordered is delayed or fails, you may have a right to receive a refund. Please contact us at info@chura.co.ke for more information regarding refunds.

Claims for refund must be supported by all available evidence.

If a digital payment interoperability is in accordance with an order you made and that we Confirmed is delayed or fails we will notify you the underlying reason. In cases where you do not hear from us you have the right to contact us and we will identify the cause where it is possible to do so. In case our third party partners are the reason for the delay we will follow up to know the cause.

Except as provided in clause 9.5, we shall not be liable to you or to any third party in relation to the Services, whether for breach of contract, tort (including negligence), misrepresentation, unjust enrichment or any other grounds, for any indirect, incidental, consequential or special damages including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business or any economic loss, even if we are advised in advance of the possibility of such loss.

Nothing in this clause shall:

Exclude or limit liability on our part for death or personal injury resulting from our negligence,

We are not liable for the quality, safety, legality, or delivery of the goods or services that you pay for using the Services.

We shall not be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:

an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities;

the acts, decrees, legislation, regulations or restrictions imposed by any government or state;

the actions or omissions of the third parties;

malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;

any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or

any Malicious Code interfering with the Service(each, a “Force Majeure Event”).

Our performance under the Contract shall be deemed suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.

Your responsibilities and obligations

You will not use the Service unless you are at least 18 years old and you have a legal capacity to enter into legally binding contracts.
The Fees for each Service we have provided to you have to be paid.
You shall comply with these Terms and Conditions as well as with any applicable laws, rules and regulations.

In relation to your registration and use of the Service you will:

provide us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require to confirm your identity;

supply us with all information and documentation we may ask in order to process your transfer and to comply with any legal requirements applicable to us or to our partners (including without limitation, the digital payment interoperability Regulations and the Money Laundering Regulations );

update all information you provide to us to keep it accurate, current, complete and true;

not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;

transfer money only from your own paypal account, mobile money (Mpesa or Airtel money)credit, debit card or bank account. You may not submit a transfer on behalf of another person;

not open more than one account with us;

keep your account details secure, you must not share the account or any other transaction details with anybody

use the Service to send money only to people that you know personally or to pay for goods and services purchased from suppliers of whom you have sufficient knowledge and whose identity you verified. You acknowledge that we have no control over the suppliers or over the goods and services for which you use our Services to make payments and we have no responsibility for the quality, safety, legality, or the delivery of such goods or services to you.

You understand and accept that:

We are legally obliged to retain information about our users and the transactions that we process for up to 5 years or as may be required from time to time by applicable law or by any regulatory authorities;

All currency converted as part of the Service will be converted using our rate of exchange (as published on the Website and/or the Application or as may be communicated to you before we issue a Confirmation);

We reserve the right to increase the FX Spread when the markets are closed (weekends, bank holidays) to prevent loss stemming from currencies fluctuating and ensure payouts for our customers (we will still display the rate that we are offering on the homepage and the final rate on confirmation email);

Some digital payment services may impose minimum and maximum thresholds in relation to the amounts that can be sent through our Service;

You will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you;

You must call us or write an e-mail to us as soon as possible if you believe or suspect that a transfer of funds was not executed properly or that the amount has not been received or was only partly received;

It is your responsibility to ensure your recipients mobile phone is on and has a network signal in order to receive the money or payment instructions( in-case of Mpesa to PayPal transaction)

Fees and payment methods

The prices for the Chura money Services consist of FX Spread and the Fees. For Mpesa to PayPal and card to Mpesa services you only incur exchange fees.
Our Fees vary from time to time, but changes in the Fees will not apply to any orders in respect for which we have already sent you the Confirmation.
All transactions will be charged as soon as we accept your request for the payment interoperability transfer.
When you pay by debit card for Card to Mpesa services and your order is refused by your bank or by the card issuer, your bank account will not be debited. However, it is possible that your bank or the card issuer might hold the amount you tried to send. If this happens you will need to contact your bank or card issuer to resolve the issue.
Discounts on our Fees may be available through promotions that we or our partners may offer from time to time. Promotions are subject to terms and conditions and will be honored in accordance with their published terms.

Cancellations and refunds

You have a right to cancel an order before payment has been made to the Recipient. You may exercise this right by:

Calling us on +254 704 981 897

Emailing us at info@chura.co.ke

If you exercise your right to cancel the order after you have already paid us the funds to be transferred:

we will refund money paid by you and intended for a Recipient only under the condition that it has not already been paid out to the Recipient in accordance with your original instructions prior to the cancellation request; and

we reserve the right to retain the Fees charged for the Service (and we may charge you with those Fees if they have not yet been paid); and

Refunds can take up to 7 working days to be processed and this depends on third party systems we use
We reserve the right not to refund amounts smaller than 3USD for PayPal to Mpesa, and 1USD for cards to Mpesa and charge a refund fee within our processing costs (according to the currency with which you pay us) if the refund has been requested by the customer with no fault of our own.
If we do not transfer the money to the Recipient in accordance with an order within 48 hours after your instructions have been received, provided that you correctly followed our procedures and complied with all our policies, you may ask for a refund of the digital payment sent to us and intended for the recipient.

Promotions

All promotions, bonuses or special offers run by Chura are subject to promotion specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions.
In certain cases, we may conclude promotions, bonuses or special offers before the end of the advertised period or may prolong the period of a promotion, bonus or special offer usually due to abuse, limited up-take of the offer or error.
Chura reserves the right to disqualify certain countries or individuals from promotional offers.
In the event that Chura reasonably suspects that a user of our service has abused, is abusing or is attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by the Chura, then Chura may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user’s access to that user’s account.

Complaints

We value your feedback as it helps us improve our service. We have established internal procedures for complaints. You can make a complaint in writing to us regarding any aspect of the Service by e-mail to the following addresses:info@chura.co.ke
We will investigate your complaint and use reasonable endeavors to come back to you with the results of our investigation within 3 working days after receipt of your complaint.

Payment services regulations

The Digital payments are governed by the Kenya National Payments act

Written communications

Applicable laws and regulations require that some of the information we send to you or communications between you and us should be in writing. You agree to receive such written communications electronically. You also agree that electronic means of communication shall be effective for the purpose of the Contract between you and us. The foregoing does not affect your statutory rights.

Notices and communications

All notices given to us must be in the English Language and sent to Chura Ltd. We may give notices to you in connection with any aspect of the Service or any order either through the e-mail address or the postal address that you provided to us or in any other way permitted pursuant these Terms and Conditions. Notices to you will be deemed received and properly served immediately after an e-mail is sent to you at the address you provided, or where a notice is sent to your postal address, one day after the date of posting in the case of domestic notices and 6 days in the case of international mail.

Transfer of rights and obligations

We shall be entitled, without your consent, to transfer our rights and obligations under these Terms and Conditions and under any Contract to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through the Website or the Application).
We are entitled to perform our obligations to you through subcontractors, agents and other third parties.
You may only transfer your rights and obligations under the Contract if we have agreed for this in writing.

Waiver

If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any clause of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or by law, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any term in these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms and Conditions.

Severability

If any court or competent authority holds that any of the provisions of these Terms and Conditions or any provisions of the Contract are invalid, unlawful or unenforceable to any extent, that shall not affect the other terms of these Terms and Conditions or the Contract which will continue in full force and effect to the fullest extent permitted by law.

Entire agreement

These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us and you relating to the subject matter hereof.
You acknowledge that, in entering into the Contract and accepting these Terms and Conditions, you do not rely on, or will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these Terms and Conditions or the documents referred to in them.
Nothing in this clause limits or excludes any liability for fraud.

Our right to vary these terms and conditions

We reserve the right to revise, amend or replace these Terms and Conditions from time to time.
Our Terms and Conditions in force at the time that you order Services from us will have effect between you and us for the purpose of that order. We may notify you of a change to the Terms and Conditions after you place an order but before we send you the Confirmation, in which case, unless you notify us within a reasonable period in respect to our transaction processing time and in any event that you wish to cancel the order, the revised Terms and Conditions will apply.

Third party rights

A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts

Law and jurisdiction

Contracts for the purchase of our services using the Website or the Application and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the Kenyan law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Kenya. The foregoing shall be without prejudice to your statutory rights.

Intellectual property

The Website and the Application, the content, the name Chura and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Website or the Application relating to our products and/or services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trade marks,) (“IPRs”) are owned by us, our affiliates or third party licensor. Other names and logos of third party product, service and companies displayed on the Website may be the trademarks of third parties. You shall not acquire any right, title or interest in any such IPRs by reason of the Services or the Contract and all right, title and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties.

You may use the Website and the Application only for the purpose of the bona fide use of our Services as an individual consumer or business customer and only as permitted by these Terms and Conditions or described on the Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. The Website and the Application and the Services may not be used for the purpose of testing the Service or to obtain information about the Service or about us. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Application or to use the Service; and/or (b) remove or alter any copyright, trade mark or other proprietary notice or legend displayed on the Website (or printed pages of the Website)

How to earn a referral credit

From time to time existing Chura users can earn a referral credit of a given amount towards a qualifying transaction if a friend and new Chura user clicks on the unique referral link, or enters the unique referral code upon registration, and completes a qualifying transaction on the Chura platform. There’s no limit to the number of referrals that each user can send or the number of referral credits they can earn, but only one referral code can be used per qualifying transaction. Referral codes can’t be used in combination with any other promotion code.

What is a qualifying transaction

A qualifying transaction must have a total sending value* of at least Kes 50 for buy airtime and over kes 1000 for money services and in the case of the user receiving the referral, it must be their first transaction. If the first transaction of the user is less than the qualifying amount, the referral code can be used in a subsequent transaction with the same or higher total sending value as the qualifying amount. There is no expiry date on the referral code.

How to share referral codes

Referral codes should only be shared with people the user knows personally and should be shared on a platform where there’s a reasonable basis that the people are personal friends. Chura reserves the right to deny the referral amounts if there’s suspicion of manipulation of the referral scheme, such as creating duplicate accounts with different contact details, sharing in unsolicited ways (spam) and anything else that Chura deems to be not in good faith, abusive and a breach of this agreement.

Liability and governing law

These terms and conditions are in accordance with the laws of Kenya, and Chura reserves the right to change these terms and conditions and to terminate the referral scheme at any point in time. Chura also accepts no liability for any use of the referral programme that doesn’t comply with this agreement.

Additional Terms for Specific Services

In addition to these general terms, additional terms apply for the use of the specific services listed below. These additional service terms shall apply in the event they are inconsistent with the general terms.